| Citation(s) |
|---|
| 1992 SLG 2062 1992 SLD 2062 1992 PLJ 46 |
Sindh High Court
F.R A. No.234 of 1989, dismissed on 25.11.1991 Date of hearing: 25.11.1991.
SYED ABDUR RAHMAN, J
Mr. Aziz Urfi, Advocate for Appellant. Mr. Rehmat Elahi and Miss Mumtaz Sultana, Advocates for
Respondents.
F.R A. No.234 of 1989, dismissed on 25.11.1991 Date of hearing: 25.11.1991.
SYED ABDUR RAHMAN, J
Mr. Aziz Urfi, Advocate for Appellant. Mr. Rehmat Elahi and Miss Mumtaz Sultana, Advocates for
Respondents.
MUKHTAR HUSSAIN
VS
MEHAR ELAHI and two others
Law:
Section:
(i) Default-- — Tenant-Ejectment of~Order of-Challenge to~Default-Ground of— Appellant tendered rent for February and March, 1984 to respondents by money order whereas he tated that he had already paid rent for January, 1984 to previous landlord— He produced receipt in this respect which bears signature of previous landlady and printed umber-Finding of Rent Controller that appellant had not proved that he had paid rent to •previous landlady, is not correct— Held: There was no scope for controller to hold hat appellant was defaulter. [Pp.4748]A (ii) Personal Need- - — Tenant-Ejectment of-Order of~Challenge to-Personal bonafide need-¬ Ground of-By saying that shop is required for their personal bonafide use as Shariq Ilahi, son of espondent No.l will carry on business of merchandise therein, Respondent Nos.2 and 3 only intended to convey their no objection to requirement of Respondent No.ls son- ellant has not been able to shake estimony of Respondent No. 1 on this point either by cross-examination or otherwise-Held: There is no justification for interfering with indings of Controller on point of personal bonafide need in favour of respondents- Appeal dismissed. [Pp.4849]B,CD JUDGMENT By this F.R A. the appellant has challenged the judgment of Ilnd Senior Civil Judge and Rent Controller, Karachi Central, dated 12-2-1989, whereby he directed the appellant to vacate the shop in question and deliver its possession to the respondent within 60 days. 2. The respondents had filed ejectment application against the appellant alleging that they had purchased the shop from its previous owner on 9-1-1984. They served the appellant with a notice under Section 18 of the Sindh Rented Premises Ordinance 1979 calling upon him to pay rent from 1-1-1984. Inspite of service of notice, the appellant did not pay the rent. Hence he was a defaulter. It was…
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